How to File a Complaint in Consumer Court in India
In India, every consumer is entitled to a good product or service at a fair price. If sellers/service providers fail to provide these expected goods and services, whether it be due to faulty goods, overcharging, or no service at all, you have the right to remedy their failure by filing a complaint in consumer court. This guide explains how to file a consumer complaint, who may file a complaint, and what documents and papers you need.
What is a consumer court?
Consumer courts are special courts established under the Consumer Protection Act, 2019, to determine complaints and disputes involving a consumer and a seller/service provider. Consumer courts are intended to protect consumer rights and provide an inexpensive and straightforward remedy to consumer complaints.
The main objective of these courts is to eradicate unfair trading practices and help consumers receive compensation, replacement, or rectification in the case the consumer has purchased a faulty product/service.
Types of Consumer Courts in India
There are types of consumer courts as categorized by the transaction's value:
District Consumer Disputes Redressal Commission
For claims below ₹50 lakh
State Consumer Disputes Redressal Commission
For claims of ₹50 lakh to ₹2 crore
National Consumer Disputes Redressal Commission
For claims above ₹2 crore
Who Can File a Complaint in Consumer Court?
The following individuals or entities can file a complaint in consumer court:
A consumer (individual or group) who is adversely affected by a defective product or service.
Voluntary consumer associations.
The central government or the state government.
Central consumer protection authority.
In the event of the consumer's death, legal heir or representative.
Parents or custodians of minors.
The Procedure to File A Consumer Complaint
Step 1: Send a Legal Notice
A consumer must send a written notice to the seller or service provider. The notice must be written by the consumer and must specify the grievance and inform the seller/service provider that if they do not respond, the consumer will take legal action.
Step 2: Prepare the Complaint
When the seller or service provider does not honor the notice or does not want to cooperate and respond, you must prepare a complaint in a formal manner, including the following:
- Your name and address
- Detailed description of the seller/service provider
- The reason for your complaint (defect or deficiency)
- Detail all dates and facts.
- Your expectation for compensation or relief
- Your signature and declaration
Step 3: Attach the Relevant Documents
- Attach copies of all documents in support of the complaint, including the following:
- All purchase bills/receipts
- Any warranty/guarantee certificates.
- Any online bookings.
- Any lost emails/messages exchanged
- A copy of the legal notice
Step 4: Filing the Complaint
Now, go for the filing of the complaint to the correct consumer court:
- District Commission—up to ₹50 lakh
- State Commission—₹50 lakh–₹2 crore
- National Commission—over ₹2 crore
- Ensure that you file the complaint and copies in three sets.
Step 5: Pay the Court Fees
Pay the court fees, which are applicable based on the value of the transaction. You can get the court fees structure in person at the court or in (PDF) files on its website.
Step 6: Submit an Affidavit
Finally you can submit an affidavit saying that all the facts in the complaint are, to the best of your knowledge, true.
Can You File Online?
Yes! You can file a complaint before you go to court at the National Consumer Helpline (https://consumerhelpline.gov.in).You can visit this site to also write a complaint if you believe you have a valid reason to claim against the seller/service provider.
Key Points to Remember
Keep your purchase receipts, warranties, and personal correspondence
You must file the complaint within 2 years.
Legal representation is not necessary, but a lawyer can be helpful.
If you are unhappy with the judgment by the lower court, you can appeal.
Conclusion
When you file a complaint in the consumer court as a buyer or service user, you are taking a major and wonderful step to enforce your rights. By documenting correctly and following the process that is available for you, you can get compensation or a remedy for your loss or complaint. In India, the consumer court system is set up to provide accessible, affordable, and effective justice to consumers.
If you are not satisfied with a seller or service provider, make sure you take legal action in the consumer court to enforce your rights.